ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00020230

Parties:

Complaint(s):

Date of Adjudication Hearing: 12/06/2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015following the referral of the complaint(s) to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)

Preliminary issue

The respondent submitted that the claimant was never an employee of theirs. It was submitted that the claimant provided accounting and financial services to the respondent

The claimant was always an independent Contractor/Consultant.

In or about September/October 2007 the respondent sought tenders from a number of third-party accounting businesses for the outsourcing of the Respondents accounts function. As part of the process, the claimant's company (a business registered as a business name under the CRO Registered No 24218) submitted a quotation in 2007 to provide accounting and financial services for the respondent on the 30th October 2007 for a fee of €35000 excluding vat.

The claimant's company was awarded the contract and confidential agreement was signed between the parties on the 28th November 2007.

The Claimants Company provided its own staff to fulfil the functions of the contract and these were paid by the claimant's company.

The respondent stated that none of the claimant's employees were provided with statutory holidays and or /public holidays and none were included in the respondent incentive program for all employees and nor were they included in the Respondents death –in service insurance policy.

The respondent submitted that from November 2007 to the 31st August 2018 the claimant’s company was paid €50616 per annum in pre-EFT days.

In May 2018 the respondent gave the Claimants notice of its intention to make a change in how it managed its accounts function.

On the 9thof July 2018, the respondent gave the claimant verbal notice of the forthcoming accounting change. The claimant had indicated that he would like to tender for the new function.

The claimant was put in contact with the business that was conducting the tendering process. While the claimant met with the lead person conducting the tendering process neither he nor his company submitted a written or verbal quotation.

On the 24th July, the claimant was advised that the respondent had made a decision on new frim to succeed the claimant's company in the provision of accounting services. It was agreed that the claimant company would finish out the year-end accounts.

The respondent submitted detail documentation that the claimant’s company was also carrying out functions for other organisations.

The claimant company was paid in respect of hours worked in September and October 2018

The claimant stated that his employment commenced on the 31st January 2008. His salary was €50616, and his employment ceased on the 8th September 2018 by summary dismissal.

Findings

I find that having examined all documentation submitted the company owned by claimant had submitted a quotation on the 30th October 2007 to provide accounting and financial services for the respondent,

I find the claimants company provided its own employees to carry out work and they were paid directly by their employer.

I find that these (claimants)employees were never at any stage part of the respondents work force .

I find that the figure of €50616 was the cost of providing this service to the respondent and it was not a salary but a contractual agreement.

Decision:

Ca-00025396-002/00 3/004

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

I find that the claimant was an Independent Contract /Consultant and not an employee as defined by the acts. The complaint is not well founded and falls.

Ca-00025396-005

Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation

to the complaint in accordance with the relevant redress provisions under that Act.

I find that the claimant was an Independent Contract /Consultant and not an employee as defined by the act. The complaint is not well founded and falls.

CA-00025396-001

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

I find that the claimant was an Independent Contract /Consultant and not an employee as defined by the act. The complaint is not well founded and falls.

Dated:   19/09/19

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Key Words: